09-23-14: Battery Suspect Arrested

As a result of an investigation completed by WMPD Detectives, the above subject was arrested and charged with felony battery. It was determined that no evidence exists which suggested that this crime should be labeled a “hate crime.”

Hate Crime definition:A hate crime is an illegal act committed or attempted by one person or a group of persons against another person, or that person’s property, in any way that constitutes an expression of hatred toward the victim based on his or her personal characteristic. It is a crime in which the perpetrator intentionally selects the victim based on one of the following characteristics: race, color, religion, ethnicity, ancestry, national origin, sexual orientation, homeless status, advanced age or mental/physical disability.

The Florida Department of Law Enforcement notes in its Hate Crime Report Manual, that the motivation behind the act is the key element in determining whether an incident is hate-related. Ultimately, it is up to the judgment of individual law enforcement officers and agencies to determine whether a particular incident constitutes a hate crime and is therefore reported as such to the State.

At approximately 12:30 am on the morning of Tuesday, 9/16/14, the suspect was leaving Georgie’s Alibi on foot after a night of drinking. The suspect stated he was attempting to take a shortcut home towards Dixie Hwy and instead walked near the victim’s residence. The victim stated he was walking home and saw the suspect talking to his (victim’s) roommate near their residence. The roommate told the victim that this guy (suspect) was observed looking into their residence (the victim and his roommate live in a townhome which has a large glass window by their front door). The victim and the suspect exchanged heated words and the suspect eventually walked around the corner and away from the victim. The suspect stopped and sat on a bench in front of a business near the victim’s residence. The victim reengaged the suspect and they got into a 2nd confrontation. According to the suspect, the victim battered him.

After this second confrontation, the victim walked away from the suspect and, at some point thereafter, the suspect yelled to the victim, “Hey faggot” to get his attention and threw a rock which struck the victim in the abdomen. The victim then pursued the suspect down NE 9th Ave towards Dixie Hwy. The victim eventually stopped chasing the suspect and returned home.

According to the suspect’s sworn statement, the victim beat him up; although there were no marks or evidence to substantiate this claim. In addition, the suspect admitted that he wanted to get back at the victim for beating him up. Finally, the suspect told investigators he went back to the victim’s residence to engage in a 3rd confrontation because he was drunk and angry. The suspect began throwing rocks up towards the victim’s balcony, but did not strike anyone and did not cause any property damage. The suspect then got back into a vehicle and drove away.

The victim positively identified the suspect in a photo lineup. The victim does not believe the suspect attacked him due to his sexual orientation.

It was clear to investigators that the attack against the victim did not occur due to his sexual orientation. It appears the suspect was agitated and inebriated and attacked the victim with no rational justification. The suspect was charged with battery, which normally is a misdemeanor. Due to the suspect’s prior conviction of a battery, the charge upgraded to a third degree felony pursuant to Florida Statute.

“As the investigation revealed, this was not a hate crime, which do not typically occur in our City. I’m sure the entire community joins me in thanking our Police Department for their diligent investigation and arrest of the suspect,” stated Mayor Gary Resnick.